Maternity leave is the time a mother takes off from work after giving birth or adopting a child. The actual time each new mom takes off work varies. Some moms prefer to return to work fairly quickly, while others want to take as much time with the new child as possible. As an employer, you need to recognize your practical and legal obligations to employees in providing various types of benefits, including time off.

Family Medical Leave Act

The Family Medical Leave Act was passed in 1993. It grants new moms the ability to take up to 12 weeks of unpaid leave within the first year after having a baby or adopting a child. As an employer in a private for-profit setting, you must abide by the FMLA guidelines if you have had at least 50 employees for 20 consecutive weeks, and if the employee has worked at least 1,250 hours during the prior 12 months of employment.

Paid Time Off

Some employers offer employees up to six weeks of paid time off for maternity leave. This is much less common in the United States as it is in Europe and other parts of the world. A small business may have a difficult time providing six weeks of paid time, though this type of benefit may help lure more talented workers.

Benefits Time

More typically, U.S. companies have employees use various types of leave benefits to maintain pay during time off. Sick days, short-term disability, personal days and vacation are all commonly used at the onset of maternity leave. The order in which these benefits are used varies. The idea is to enable an employee to get paid for the time off, though you also protect against an employee using maternity leave and then taking significantly more time off for illness and vacation. If an employee uses up these benefits, any additional time taken under the allowable 12 month FMLA stipulation is normally unpaid leave.

Parental Leave

Maternity leave is more commonly included in a broader concept known as parental leave as of 2013. The FMLA actually granted fathers the same exact leave rights as women. Thus, a new father employed in an eligible company can take up to 12 weeks of leave after a childbirth or adoption as well. This generally less common, though some dads do take leave after a birth if the mom prefers to return to work or has the better paying job.